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CPT/Inf (2009) 13

Report to the Portuguese Governmenton the visit to Portugalcarried out by the European Committeefor the Prevention of Torture and Inhumanor Degrading Treatment or Punishment (CPT)

from 14 to 25 January 2008

The Portuguese Government has requested the publication of this reportand of its response. The Government's response is set out in documentCPT/Inf (2009) 14.

Strasbourg, 19 March 2009


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CONTENTS

Copy of the letter transmitting the CPTs report ...........................................................................5

I. INTRODUCTION .................................................................................................................... 7 A. Dates of the visit and composition of the delegation .............................................................7

B. Establishments visited ..............................................................................................................8

C. Consultations held by the delegation ...................................................................................... 9

D. Cooperation between the CPT and the Portuguese authorities ........................................... 9

II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED..............................11

A. Law enforcement agencies ..................................................................................................... 11 1. Preliminary remarks........................................................................................................112. Ill-treatment.....................................................................................................................123. Conditions of detention...................................................................................................144. Safeguards against ill-treatment......................................................................................15

a. notification of custody...........................................................................................16b. access to a lawyer ..................................................................................................17c. access to a doctor...................................................................................................18d. information on rights ............................................................................................. 18

5. Inspection and complaints procedures ............................................................................19

B. Establishments under the authority of the Ministry of Justice .......................................... 22 1. Preliminary remarks........................................................................................................222. Ill-treatment.....................................................................................................................243. The management of drug-related problems in prison .....................................................264. Material conditions .........................................................................................................285. Regime ............................................................................................................................30


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6. Health-care services ........................................................................................................32a. somatic care ...........................................................................................................32b. psychiatric and psychological care provided in the prisons visited.......................34

c. medical screening on admission and recording of injuries sustained in prison..... 34d. confidentiality and filing of medical data.............................................................. 36e. psychiatric unit of the Sao Joo de Deus Prison Hospital.................................. 36

7. Other issues of relevance to the CPTs mandate.............................................................39a. staff ........................................................................................................................ 39b. use of force in a prison context..............................................................................39c. discipline and isolation .......................................................................................... 41d. contact with the outside world...............................................................................42e. inspection procedures ............................................................................................43f. information provided to prisoners .........................................................................45g. deaths in custody ...................................................................................................45

C. Psychiatric institutions...........................................................................................................46 1. Preliminary remarks........................................................................................................462. Living conditions ............................................................................................................473. Treatment ........................................................................................................................484. Means of restraint............................................................................................................505. Safeguards.......................................................................................................................53

a. initial placement and discharge .............................................................................53b. consent to treatment...............................................................................................54c. other safeguards during placement ........................................................................54

6. Inspection........................................................................................................................557. Other issues under the CPTs mandate ...........................................................................56

APPENDIX I:LIST OF THE CPTS RECOMMENDATIONS, COMMENTSAND REQUESTS FOR INFORMATION...........................................................................57

APPENDIX II:LIST OF THE NATIONAL AUTHORITIES AND NON-GOVERNMENTALORGANISATIONS WITH WHICH THE CPT'S DELEGATION HELDCONSULTATIONS ...............................................................................................................71


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Copy of the letter transmitting the CPTs report

Ms Susana VAZ PATTOHead of the Human Rights Unit

Directorate of International OrganisationsMinistry of Foreign AffairsLargo do RilvasPT-1354 LISBOA Codex

Strasbourg, 24 July 2008

Dear Madam

In pursuance of Article 10, paragraph 1, of the European Convention for the Prevention of Torturand Inhuman or Degrading Treatment or Punishment, I have the honour to enclose herewith the repodrawn up by the European Committee for the Prevention of Torture and Inhuman or DegradinTreatment or Punishment (CPT) following its visit to Portugal from 14 to 25 January 2008. The repowas adopted by the CPT at its 66th meeting, held from 7 to 11 July 2008.

The various recommendations, comments and requests for information formulated by the CPT arlisted in Appendix I of the report. As regards more particularly the CPTs recommendations, havinregard to Article 10 of the Convention, the Committee requests the Portuguese authorities to providwithinsix months a response giving a full account of action taken to implement them. The CPT truststhat it will also be possible for the Portuguese authorities to provide, in the above-mentioned responsreactions to the comments formulated in this report which are summarised in Appendix I as well areplies to the requests for information made.

The CPT would ask, in the event of the response being forwarded in Portuguese, that it beaccompanied by an English or French translation. It would also be most helpful if the Portuguesauthorities could provide a copy of the response in a computer-readable form.

I am at your entire disposal if you have any questions concerning either the CPTs report or the futurprocedure.

Yours faithfully

Mauro PALMAPresident of the European Committee for

the Prevention of Torture and Inhumanor Degrading Treatment or Punishment


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B. Establishments visited

3. The delegation visited the following places of detention:

Establishments under the authority of the Ministry of Interior

Public Security Police:Coimbra

- District Headquarters, Avenida Elsio de Moura, CoimbraLisbon Area

- Estrada da Brandoa Police Station, Amadora- Rua Andr Resende Police Station, Benfica- Avenida Doutor Nuno Alvares Pereira Police Station, Cacm- Avenida Coronel Eduardo Galhardo Police Station, Lisbon- Rua Capelo Holding facilities, Lisbon

Madeira- Cmara de Lobos Police Station- Funchal Divisional Police Station- Ribeira Brava Police Station

Oporto- Bela Vista Holding facilities

National Republican Guard:- Headquarters, Rua de S, Aveiro- Headquarters, Avenida Dias da Silva, Coimbra- Headquarters, Condeixa-a-Nova

Establishments under the authority of the Ministry of Justice

- Judicial Police Criminal Investigation Department (DIC), Rua do Largo de Santo AntnioAveiro

- Judicial Police Headquarters, Rua Assis Vaz, Oporto- Coimbra Central Prison- Coimbra Regional Prison, including the Judicial Police detention facility- Funchal Central Prison- Funchal Regional Prison- Judicial Police Prison, Oporto

- Monsanto High Security Prison, Lisbon- Oporto Central Prison- So Joo de Deus Prison Hospital, Caxias- Holding cells of the Courthouse at Rua Gomes Freire, Lisbon

The delegation also interviewed remand prisoners at Lisbon Central Prison and the Judicial PolicPrison in Lisbon.


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Establishments under the Ministry of Health

- Miguel Bombarda Psychiatric Hospital, Lisbon- Psychiatric Unit at the Emergency Department, Curry Cabral Hospital, Lisbon- Casa de Sade de So Joo de Deus, Funchal

C. Consultations held by the delegation

4. In the course of the visit to Portugal, the delegation had discussions with Jos CONDERODRIGUES, Deputy Minister of Justice, Jos MAGALHES, Deputy Minister of the InterioMaria do CU SOARES MACHADO, High Commissioner for Health, and Rui S GOMES, Heaof the Portuguese Prison Service, as well as with other senior officials from the relevant ministrieIt also met Jorge NORONHA e SILVEIRA, Deputy Ombudsman, Antnio CLEMENTE LIMAInspector-General of theInspectorate General of Internal Affairs (IGAI), Amrico BRS CARLOS,Inspector-General of the Inspectorate General of Judicial Services (IGSJ), and representatives onon-governmental organisations active in areas of concern to the CPT.

A list of the national authorities and non-governmental organisations with which thedelegation held consultations is set out in Appendix II.

D. Cooperation between the CPT and the Portuguese authorities

5. The degree of cooperation received by the CPT's delegation from the Portuguese authoritiewas on the whole very good. The delegation was granted rapid access to the establishments iwished to visit and to the persons whom it wanted to interview, and most of the information iwanted to consult was provided promptly. In particular, the delegation would like to thank thCPTs liaison officers for the assistance provided before and during the visit.

However, an exception to the otherwise satisfactory level of cooperation was the denial ofaccess to medical files, for more than a day, during the visit to the privately run Casa da Sade SJoo de Deus in Funchal. The delayed access seriously impeded the visit to this establishmentFurther, the CPT was not provided with a complete list of all the places where persons may bedeprived of their liberty (e.g. private psychiatric hospitals and holding cells in court premises). Ithis respect, the CPT wishes to recall that States Parties to the Convention are under an obligation provide full information on all places where persons deprived of their liberty are being held. Along as the deprivation of liberty takes place as a result of action by a public authority, it is no

material whether the establishment in question has a private or a public status; nor is the length ostay relevant.

The CPT trusts that the Portuguese authorities will take the appropriate steps toensure that, in future, effective access to medical files is guaranteed in all institutions theCommittee visits, and that visiting delegations are provided with full information on all placeswhere persons may be deprived of their liberty (including private psychiatric hospitals,holdings cells in court premises, etc.) prior to the commencement of a visit.


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II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED

A. Law enforcement agencies

1. Preliminary remarks

6. In the course of the 2008 visit, the CPTs delegation focused its attention on the PublicSecurity Police (PSP) and National Republican Guard (GNR), both of which are under the Ministrof Interior, and on the Police Judiciria (PJ), which is subordinated to the Ministry of Justice. Inaddition, the Courthouse holding cells at Rua Gomes Freire in Lisbon were visited.

7. The legal framework governing the deprivation of liberty by law enforcement officialremains essentially the same since the CPTs first periodic visit in 1992. In brief, a person suspecteof a criminal offence may be detained in a law enforcement establishment for up to 48 hours1.

Further, the police are still able to hold a person for up to six hours for the purpose of establishing his or her identity (Article 250 Code of Criminal Procedure). As long ago as 1997, thGeneral Inspectorate of the Ministry of Interior2 (IGAI) had recommended that this period bereduced to two hours maximum. The Portuguese authorities themselves informed the CPT, in theiresponses to the reports on the 1999 and the 2003 visits, that they intended to comply with threcommendation and were studying the most appropriate means to effect the change. Howeverdespite the extensive revision in 2007 of the Code of Criminal Procedure (CCP), the six-hour periowas retained.The CPT would like to receive the observations of the Portuguese authorities onthis question.

8. Since the CPTs last visit to Portugal in 2003, significant changes have been made to thelegal framework governing the work of law enforcement agencies. Some of the new legislation inot of direct relevance in the context of the CPTs mandate3. However, the changes to the CCP,which entered into force on 15 September 2007, have a profound impact on the use of detention blaw enforcement officials. For instance, amendments to Article 2024 have limited the offences forwhich a person may be detained outside flagrante delito 5.

1 See Appendix 2 CPT/ Inf (94) 9.2 Inspeco Geral da Administrao Interna.3 For instance, the revisions of the organic laws on the PSP (Lei nr 53/2007), and GNR (Lei nr 63/2007) and th

proposed amendments to the organic law of the JP (Proposta de Lei N. 143/X) under discussion in parliamentat the time of the visit.

4 See paragraph 41.5 See Article 257 CCP.


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Further, an overarching legal framework (Law No. 276/2007) for the various PortugueseInspection Services, including the above-mentioned IGAI and the Inspectorate-General for JudiciaServices (IGSJ), which inspects Prison Service and Judicial Police establishments, entered intforce on 31 July 2007. The new legislation describes in detail the different duties andresponsibilities of these inspectorates as well as measures to ensure their independence from th

central Portuguese administration6

.

2. Ill-treatment

9. In the course of the 2008 visit, the CPTs delegation heard numerous allegations of ill-treatment by law enforcement officials; in other words, the positive trend noted by the CPT after th1999 and 2003 visits, when a declining number of allegations of ill-treatment were received by idelegations, has apparently not been maintained. The allegations received during the 2008 vismainly concerned slaps, punches and blows with various objects such as batons and telephonbooks; allegations of verbal intimidation and of a specific threat made with a firearm were alsreceived.

Nevertheless, it should be added that the CPTs delegation also met persons who stated thathey had been correctly treated by law enforcement officials during their period of detention.

10. The CPT wishes to highlight one particular case of alleged ill-treatment encountered whevisiting the PSP station in Cacm. In the cell block, the delegation met two foreign nationals whsaid they had been punched and beaten with a baton whilst on the police stations parking lot; onof them displayed a small lacerate wound (of about 3 mm in size) and a swelling on his righeyebrow with traces of blood. Despite this person having being detained for at least several hourno doctor had been called. The other person did not bear visible signs of ill-treatment.

It should also be noted that the competent court was only notified of the detention of theperson with visible injuries after the CPTs delegation had begun its visit to the policeestablishment; the detention of the other person had, according to the relevant documents, beenotified some four hours earlier7. The detained persons themselves claimed that they had stayedovernight in a cell in that police station.

The CPT brought the above-mentioned case to the attention of the Portuguese authoritiesand the Committee understands that the IGAI is currently investigating the above allegations;itwould like to be informed about the outcome of the investigation as soon as possible.

In the course of the visit to the GNR Headquarters in Aveiro, the CPTs delegation wasmade aware of an IGAI investigation into allegations of ill-treatment of teenagers in Aveiro in 200by four GNR officers.The CPT would also like to be informed about the outcome of this IGAIinvestigation.

11. The CPTs delegation found a large number of non-standard and unlabelled objects, such a

6 See also paragraph 28.7 According to Article 259 of the Code of Criminal Procedure (CCP), a detention by law enforcement official

should be notified immediately to either the competent court or the public prosecutor.


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baseball bats, a plastic pistol, telescopic batons and cudgels in the interview rooms of the twJudicial Police stations visited. There is no legitimate reason for such objects to be kept in roomused for interviewing suspects. Apart from inviting speculation about improper conduct on the paof police officers, objects of this kind are a potential source of danger to staff and criminal suspectalike. All items seized for the purpose of being used as evidence should always be properly labelle

recorded and kept in a dedicated property store, as indicated by the relevant regulation.On 19 February 2008, the Portuguese authorities informed the CPT by email that the

Minister of Justice had ordered the storing and labelling of all unauthorised objects in every JudiciPolice station within one month. On 24 April 2008, the CPT received confirmation that the ordehad been followed up and executed by the Judicial Police. Similar instructions have been issued fothe Public Security Police. There was no information available concerning the National RepublicaGuard.

The CPT welcomes the above instructions andtrusts that the Portuguese authorities willensure that they are strictly adhered to. Further, the Committee would like to be informedwhether similar instructions have been issued in respect of the GNR.

12. In response to previous CPT findings, the Portuguese authorities have suggested that illtreatment by law enforcement officials is on the decline (1999) and that the instances of illtreatment described in CPT reports are isolated cases (2003). To support these claims, statisticcollected by the IGAI and the IGSJ were presented. While fully recognising the importance of thwork of these inspectorates, the CPT wishes to stress that these statistics do not encompass alcomplaints of ill-treatment in Portugal; many investigations are carried out by internal investigatiodepartments of local police services and not reported to the IGAI or the IGSJ. For instance, in 200the internal investigation department of the Madeira Public Security Police registered 50 complainby civilians of police violence and, in total, only two of those complaints were transferred to thIGAI.

The CPT considers that the apparent discontinuation of the positive trend observed duringprevious visits is important enough to merit in-depth and independent research into the prevalencand causes of ill-treatment by law enforcement officials. Such research could indicate whether onot ill-treatment is indeed on the rise and help to identify counter-measures that should be takenThe CPT recommends that a thorough, comprehensive and independent study into theprevalence of ill-treatment by law enforcement officials be carried out.


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13. In any event, the CPTs findings highlight the need for the Portuguese authorities to step utheir vigilance as regards the manner in which law enforcement officials treat persons in theicustody. In addition to the various initiatives already taken, the Portuguese authorities should

consider new measures such as the installation of closed-circuit television (CCTV) in the publiareas and interrogation rooms of police stations8. Such cameras may also be installed in the cellblocks, provided that the persons deprived of their liberty are assured of their privacy when usinthe toilets, wash-basins and showers. At the same time, the introduction of CCTV should not be substitute for direct contact with custodial staff, who should continue to regularly inspect cells iorder to ensure the safety and well-being of detained persons.The CPT recommends that thePortuguese authorities install CCTV in the public area, cell blocks and interrogation rooms of police stations.

14. Further, the improvement of training given to law enforcement officials is also desirableThe CPT noted that human rights are an integral part of the curriculum for police officers of aranks. However, the allegations of ill-treatment received by the CPT would suggest that the traininis not adequately adapted to the daily reality of police officers; human rights concepts need to bintegrated into the instruction given for dealing with high-risk situations such as the apprehensioand questioning of suspects. A similar view was also expressed by the Inspector General of IGAI a recent interview where he suggested that PSP and GNR officials require better trainingparticularly in terms of citizens rights and that they appear to have seen too many Americafilms9. The CPT recommends that the Portuguese authorities review the training provided tolaw enforcement officials, in the light of the above remarks.

3. Conditions of detention

15. The CPT visited a total of 15 PSP, GNR and PJ detention facilities. It was apparent fromboth interviews with staff and detained persons and a study of the registers, that overnight detentioin police stations is a relatively rare phenomenon; in certain stations, the last overnight stay habeen recorded some two months prior to the visit. In the Lisbon and Oporto areas, persons detaineby the police continue to be transferred to the prisons of the Judicial Police and, in Lisbon, to thRua Capelo PSP holding facility, after a short period.

The CPT also visited for the first time the Courthouse holding cells at Rua Gomes Freire inLisbon, which are used for inmates waiting to be presented to a judge; inmates stay no longer thanfew hours in these cells.

8 During the visit, the CPTs delegation was informed by the Portuguese authorities that they are currentlycarrying out a study into this matter.

9 SIC Online 24 November 2007.


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16. The material conditions in cells belonging to PSP and GNR are governed by the 1999Regulation 8684/99 of the Ministry of Interior10 and regularly inspected by the IGAI. The CPTsdelegation was told that the detention facilities under the Judicial Police and the holding cells acriminal courts are not formally covered by these rules. However, it appeared that, in practicesimilar standards are applied. Nevertheless,the CPT recommends that a formal regulation beadopted governing conditions in detention facilities run by the Judicial Police and in holdingfacilities at criminal courts.

17. In general, the material conditions of the police cells visited were acceptable for stays of uto two days: the sizes of the single (around 8m) and double-occupancy (around 14m) cells wersatisfactory. Most cells were equipped with a call-bell, a ground-level toilet and a plinth, or bedwith mattress and blanket. The cells visited were generally clean and had sufficient access to naturlight and artificial lighting.

However, some deficiencies were noted. For instance,in the PSP station at Rua Brandoain the Lisbon area, the artificial lighting was defective and there was no call-bell. Also, none of the police stations visited had an outdoor exercise yard,which would be problematic in the caseof deprivation of liberty of longer than 24 hours .

18. In the Rua Gomes Freire Courthouse, there were four cells of around 10m equipped with bench running the length of the cell. The cells were clean and although there was no call-bell, thstaff office is in the direct vicinity of the cells and a video camera monitored the corridorconnecting the cells. At the time of the visit, there were no persons being held in these cells.

4. Safeguards against ill-treatment

19. The CPT places particular emphasis on three fundamental rights during custody by lawenforcement agencies, namely the right of detained persons to inform a close relative or anothethird party of their choice of their situation, and the rights of access to a lawyer and to a doctoThese rights should apply from the very outset of the deprivation of liberty (i.e. from the momenwhen the persons concerned are obliged to remain with the police). It is equally fundamental thapersons deprived of their liberty by the police be informed without delay of all their rightsincluding those mentioned above.

The CPT is very concerned that the information gathered during the fifth periodic visit toPortugal indicates that the above-mentioned safeguards are still not guaranteed as from the outset

police custody. In particular, many persons detained by law enforcement agencies complained thathey had not been allowed to contact their lawyer as from the outset of their deprivation of libertor, in some cases, to contact a third party.

10 The CPT already commended the Portuguese Authorities on the adoption of Regulation 8684/99 in its reporton the 1999 visit to Portugal (CPT/ Inf (2001) 12, paragraph 17).


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20. In the past, the Portuguese authorities have contested the CPTs findings by contrastingthem with IGAI-annual reports11. However, an examination of these reports shows that IGAIinspections focus on information about access to rights from the moment of the formal detentio(i.e. once a person has been declared anarguido 12). A number of the persons interviewed by theCPT complained that they had been arrested and interviewed by law enforcement officials in

police station prior to being declared anarguido . In some cases, the CPTs delegation was able toconfirm this practice when it examined the relevant documentation. Moreover, representatives othe Portuguese Law Society informed the CPTs delegation that the practice of interviewing personsuspected of a criminal offence before officially declaring them anarguido is not uncommon.

Further, a person can be obliged to remain in a police station for various other reasons,including for the purposes of identification (Article 250 CCP) and to be questioned as a witnes(Article 132 (1)a CCP). As already indicated in previous CPT reports, these persons do not beneffully from the above-mentioned fundamental safeguards.

a. notification of custody

21. The right to notify ones detention to a family member is included in Article 14 (4) oRegulation 8684/99 of the Ministry of Interior, and concerns all persons held against their will in PSP or GNR station. In addition, Article 250 (9) of the Code of Criminal Procedure (CCP) statethat persons held for identification purposes are entitled to contact a person of confidenceNevertheless, in the course of the 2008 visit the CPTs delegation met a number of persons whclaimed they had not been allowed to notify anyone of their situation whilst in police custody.TheCPT recommends that the Portuguese authorities take appropriate steps to ensure that theright of persons deprived of their liberty by law enforcement officials to notify their detentionto a third party is effective in practice.

Regulation 8684/99 does not appear to apply to the Judicial Police.The CPT would like toreceive confirmation that persons held by the Judicial Police, for reasons other thanidentification purposes, are guaranteed the right to notify their detention to a third party, andto be informed of the relevant legal provisions. Further, the Committee would like to receiveconfirmation that persons detained by law enforcement officials may notify their detention toanother third party if notification of a close family member is not appropriate or feasible.

22. The CPT recognises that the right to notify ones custody to a third party might have to bmade subject to certain exceptions, in order to protect the legitimate interests of the policeinvestigation. However,such exceptions should be clearly defined and strictly limited in time,

and resort to them should be accompanied by appropriate safeguards (e.g. any delay innotification of custody to be recorded in writing with the reasons therefor, and to require theapproval of a senior police officer unconnected with the case or a prosecutor).

11 For instance, see CPT/Inf (2007) 14, pages 7-8.12 As already indicated in the report on the 1999 visit (CPT/ Inf (2001) 12, paragraph 30), in Portuguese law only

persons who have formally become the object of an investigation by law enforcement officials (arguido),benefit in full from the three fundamental rights advocated by the CPT.


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b. access to a lawyer

23. The CPT has repeatedly recommended that persons held by the law enforcement agencies iPortugal be granted the right of access to a lawyer as from the outset of the deprivation of liberty

The right of access to a lawyer must include the possibility to meet with the lawyer in private and have a lawyer present during any interrogation13.

In their response to the report on the CPTs 2003 visit, the Portuguese authorities stated thathe legal basis regulating access to a lawyer had not evolved other than to reinforce the duty tinform accused persons of their right of access to a lawyer (Article 39 of Law 34/2004). Furtherthey pointed that there had been no complaints about a lack of access to a lawyer to either theOmbudsman or the IGAI.

Nevertheless, the facts found during the visit in 2008 clearly indicate that few detainedpersons have an effective right of access to a lawyer during police custody.

24. An examination of the relevant legal provisions confirms that, for persons with arguido status, Article 64 of the CCP makes provision for the right of access to a lawyer, including a fullyfledged right to a private consultation. However, the Code of Criminal Procedure does noguarantee the right of access to a lawyer for persons arrested by the police who have not yeacquired that status, or for persons obliged to remain on police premises for identification purposeor as a witness.

Article 132 (4) of the CCP does provide for the questioning of a witness in the presence of lawyer. In addition, Article 15 of Regulation 8684/99 mentions the possibility for any person helin a PSP or GNR station to contact a lawyer by telephone. Nevertheless, in both of these cases, would appear that the right of access to a lawyer is restricted. For instance, the CCP does noprovide for the right of a witness to consult a lawyer in private, whereas such a right is explicitlmentioned with respect to an arguido ; as for Article 15 of Regulation 8684/99, it does not providefor the physical presence of a lawyer.

The CPT calls upon the Portuguese authorities to ensure that the right of access to alawyer, including the right to talk to the lawyer in private, is enjoyed by all persons obliged toremain with the police, as from the very outset of the deprivation of liberty.

13 See CPT/Inf (2007) 13, paragraph 21.


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c. access to a doctor

25. In the course of the 2008 visit, the CPTs delegation once again received complaints tharequests to consult a doctor were, at times, ignored by law enforcement officials. In this respect, th

CPT is aware that a qualified right of access to a doctor is included in Article 21 of Regulation8684/99. At the same time, the Committee made clear in its report on the 2003 visit that in thframework of the prevention of ill-treatment, the right of access to a doctor should not be limited tpersons with physical complaints, and that the Portuguese authorities should amend the Regulatioaccordingly.

In their response, the authorities indicated that a lack of financial and other resourcesprevented this recommendation from being implemented. The CPT is not convinced by such response; in the context of the prevention of ill-treatment, access to a doctor is too important a righto be restricted.The CPT reiterates its recommendation that Regulation 8684/99 be amendedso as to guarantee an unrestricted right of access to a doctor. Further, appropriate stepsshould be taken to ensure that this right is respected in practice. Law enforcement officialsshould be instructed that a doctor should always be called without delay if a detained personrequests a medical examination; police officers should not seek to filter such requests.

As regards persons detained by the Judicial Police,the CPT wishes to be informed of thelegal provisions guaranteeing such persons the right of access to a doctor.

d. information on rights

26. Law enforcement officials should be under a duty to inform all persons deprived of theiliberty of their rights. The Code of Criminal Procedure does place an obligation on law enforcemeofficials to inform arguidos about their right of access to a lawyer and of other rights contained inArticle 61 of the CCP; the CPTs delegation noted that such rights were printed on posters and thainformation leaflets in various languages were available in all the GNR and PSP stations visited.

However, the CPTs delegation was told that such an obligation to provide information onrights does not exist vis--vis other persons obliged to remain with the police. Moreover, severalaw enforcement officials openly stated that in the absence of a legal obligation, they would noinform witnesses of the possibility of having a lawyer present during questioning.

The CPT recommends that the Portuguese authorities take appropriate measures toensure that an obligation to inform all persons held by the police of their rights is expressly

laid down in law.

27. In all the police stations visited, information related to a persons detention was kept in personal file (including visits from a lawyer, doctor or family member, etc.). In addition, there waa comprehensive register in place, which in almost all cases was filled out meticulously. Besidespaces to enter information on arrival, departure and other issues, the register contained a box to bticked by a police officer once he had informed a detained person of his rights.


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In all registers seen by the CPTs delegation, this box was ticked; however, a considerablenumber of detained persons complained to the delegation that they had, in fact, not been informeabout their rights. Further, in some of the police stations visited there was a striking discrepancbetween the number of detained persons who had apparently been informed of their rights and thnumber who actually exercised their rights. For instance, of the 438 persons detained in 2007 at th

Rua Andr Resende PSP Station in Benfica (Lisbon), only eight contacted a lawyer, 14 consulted doctor and about 50% contacted a family member or a third party. In the GNR station in Condeixaa-Nova, none of the 45 persons detained during 2007 had apparently requested to meet with lawyer.

In order to ensure as far as possible that persons obliged to remain with the police are dulyinformed of their rights,the CPT recommends that all such persons be required to sign astatement indicating that they have been informed of their rights and have understood them.If necessary, the absence of such a signature should be duly accounted for.

5. Inspection and complaints procedures

28. The CPT considers that the inspection of detention facilities of law enforcement agencies ban independent authority can make an important contribution towards the prevention of ill-treatmeof detained persons and, more generally, help to ensure satisfactory conditions of detention. To bfully effective, visits by such an authority should be both frequent and unannounced, and the authoriconcerned should be empowered to interview detained persons in private.

29. The PSP and GNR are inspected by the Inspeco-Geral da Administrao Interna (IGAI),which also carries out inspection and auditing tasks of other entities falling under the authority othe Ministry of Interior. The Judicial Police is inspected by the Inspeco-Geral dos Servios de

Justia (IGSJ), which is also responsible for carrying out inspections of prison establishments andcourts. In addition, both bodies are entitled to receive, and act upon, complaints about the behaviouof law enforcement officials.

30. The operational powers of the IGSJ are mainly derived from Decree Law 276/2007, whilits tasks and internal organisation are described in Regulatory Decree 78/2007. In addition, Articl10 of Regulation 78/2007 provides for IGSJ staff to have access to all necessary documentsincluding documents falling under the so-calledsegredo da justia 14; this is a welcomedevelopment. In the past, the IGSJ has been prevented from having access to information obtainein the course of a criminal investigation as this information is, in principle, always subject to th

segredo da justia .However, the CPTs delegation was told that the IGSJ tended to devote most of its resource

to inspecting prisons and courts, its involvement with the Judicial Police being limited to thinvestigation of complaints15. The findings made during the 2008 visit (see paragraph 11) clearlyindicate that this is a lacuna which needs to be filled.The CPT recommends that the IGSJ carryout frequent and unannounced on-site inspections of Judicial Police premises.

14 See Article 86 Code of Criminal Procedure.15 There were eight complaints in 2007.


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31. Complaints against Judicial Police officials are dealt with either by the IGSJ or by theinternal investigation service of the Judicial Police ( Departamento de Disciplina e Inspeco da PJ - DDI). The relationship between the IGSJ and the DDI is not defined by law. However, the CPTdelegation was informed that there is a standing practice whereby investigations into complain

against the JP are mainly carried out by the DDI, with the IGSJ having a monitoring role.The CPT would like to receive detailed information with respect to the division of tasks

between the IGSJ and the DDI, as well as about the tasks, powers and composition of the DDI.

32. As regards the IGAI, its general tasks and powers are described in Decree Law 227/95, aninclude announced and unannounced inspections as well as investigations into complaints. ThDecree Law establishes the duty of police personnel to provide the IGAI with all relevaninformation that it requests. A further elaboration of the IGAIs powers during inspections is founin Regulation 10/99.

In addition, Regulation 8684/99, which governs the rights of persons detained by the policand material conditions in police cells, assigns the task of verifying the proper implementation othis regulation to the IGAI, and grants to it, inter alia, the right to speak to detained persons iprivate. The Regulation also reiterates the duty of cooperation with the IGAI incumbent on GNand PSP personnel, including the submission of reports on ill-treatment of persons detained by lawenforcement officials that has been witnessed by other law enforcement officials.

33. As already indicated in the report on the CPTs 2003 visit to Portugal16, not all complaintsrelated to ill-treatment and other misconduct by PSP and GNR officials are investigated by thIGAI. Leaving aside criminal matters, which are dealt with by the Judicial Police under thsupervision of the Public Prosecution Service, since 2000 both the PSP and GNR have their owinternal investigation services that deal with issues of a less severe disciplinary nature. Statisticprovided by the Madeira PSP17 suggest that most investigations into allegations of ill-treatment arecarried out by the internal investigation services and not by the IGAI. In this connection,the CPTwould like to receive detailed information with respect to the division of tasks between thePSP and GNR internal investigation services and the IGAI.

34. The CPT understands that there are concrete plans to entrust more responsibilities to thestwo inspectorates, such as investigations into fraud with European subsidies. In order to guarantethe proper execution of present and future responsibilities,the CPT trusts that any new tasksassigned to these bodies will be accompanied by a corresponding increase in their resources,

in particular in terms of personnel18

.

16 See CPT/ Inf (2007) 13, paragraph 16.17 See paragraph 12 above.18 At the time of the visit, the IGSJ had a complement of 14 staff members and the IGAI had 15.


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35. In order for the CPT to obtain a full picture of the current situation as regards complaintsand investigations of ill-treatment by law enforcement officials,the Committee would like toreceive the following information in respect of the whole of 2007 and the first half of 2008:

the number of complaints of ill-treatment filed in respect of each law enforcementagency (PSP, GNR, JP), and the body responsible for investigating each complaint

(internal investigation service, IGAI, IGSJ, Judicial Police); details of the disciplinary and/or criminal proceedings instituted against law

enforcement officials, in respect of allegations of ill-treatment; details of the disciplinary and/or criminal sanctions imposed in such cases.


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B. Establishments under the authority of the Ministry of Justice

1. Preliminary remarks

36. In the course of the CPTs visit in 2008, the delegation visited for the first time CoimbrCentral Prison, Funchal Central and Regional Prisons and Monsanto High Security Prison. It alspaid follow-up visits to the Regional Prison and Judicial Police detention facilities in Coimbra, tthe Central Prison and Judicial Police Prison in Oporto and to Sao Joo de Deus Prison Hospital iCaxias19.

37. Coimbra Central Prison was originally built as a school in the 19th Century and convertedinto a prison in 1902; it was extensively refurbished in 1942. The prison consisted of eight wings, othree storeys each, leading off from a central observation tower. In addition, there were fouintersecting wings at basement level, including the admissions section, disciplinary cells ansecurity (isolation) cells. Separate buildings housed a protection unit, the prisons open section anvarious vocational workshops. With a capacity for 421 prisoners, the prison accommodated 38adult male inmates at the time of the visit. Long sentences were a feature of the establishment, wi60% of the inmates serving sentences of over ten years duration.

38. Funchal Central Prison was built in the 1980s to a modular design in a series of two-storeblocks and is situated at several kilometres from the town of Funchal (Madeira island). It had a totcapacity for 324 inmates, including a section for 30 women. At the time of the visit, the prisoaccommodated 280 men and 11 women. Approximately one-fifth of the population were remanprisoners.

Funchal Regional Prison is located in the centre of the town in a former flour mill, whichwas reopened in 1994, and is under the same management as the Central Prison. With a capacity fo78 inmates, the prison held 56 men (7 on remand) and one minor of 17 years at the time of the visiVulnerable prisoners were generally transferred to this establishment from the Central Prison.

39. Monsanto High Security Prison in Lisbon had recently undergone extensive refurbishment,and now consisted of two concentric circular buildings, three storeys high. The prison beganadmitting prisoners on 17 May 2007 and had a capacity of 142; however, at the time of the visit, was holding only 37 male inmates, of whom 9 were on remand.

40. At the time of the visit, Coimbra Regional Prison, which consisted of two double-storeprefabricated blocks, and had an official capacity for 243 persons, was accommodating 147 malinmates, one third of whom were on remand. The nearby Judicial Police detention facility, under thsame management, was holding five men for a capacity of seven.20

19 In addition, the delegation paid targeted visits to Lisbon Central Prison and Lisbon Judicial Police Prison, forthe purpose of interviewing persons recently remanded in custody.

20 See CPT report on the visit in April 1999 (CPT/Inf (2001) 12), at paragraph 39.


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Oporto Central Prison has been described in previous CPT visit reports21. At the time of thevisit in 2008, the prison, which had an official capacity for 686 persons, held 811 male inmates, owhom 201 were on remand. Overcrowding remained significant, though it was less acute than i2003, with the number of remand prisoners having been considerably reduced (previously, they haformed about two-thirds of the prisons population); further, women were no longer accommodate

at the prison.As for Oporto Judicial Police Prison, it had been relocated to new premises since 2003 and

had a capacity for 48 persons22. At the time of the visit, it held 43 men, 25 of whom were onremand, in 28 single-occupancy and 4 multi-occupancy cells. The establishment was also used taccommodate prisoners from the Central Prison who required protection.

Sao Joo de Deus Prison Hospital in Caxias, which the CPT last visited in 199523, had anofficial capacity for 186 patients. During the visit, the CPTs delegation focussed its attention on thpsychiatric unit, which could accommodate 18 men and 9 women. The hospital as a whole helaround 30 psychiatric patients at the time of the visit (see also paragraph 80).

41. At the time of the visit, the Portuguese prison population stood at 11,675 for 12,41624 available places, which represents a welcome reduction compared to the situation encountered i200325. Nevertheless, although the problem of overcrowding was much alleviated, it still persistedin certain prisons, such as Angra do Heroismo Regional Prison (Aores), where occupancy stood anearly 200%.

In recent years, there has been greater recourse to alternative measures to imprisonmentparticularly for short sentences, due, it would appear, to greater public (and judicial) confidence isuch measures as electronic surveillance26. The new Criminal Code and Code of CriminalProcedure, which entered into force on 15 September 2007, have also introduced a number omeasures designed to reduce the prison population. For example, pre-trial detention may bprescribed only if the offence, for which a person is accused, is of a particular category and maattract a penalty of imprisonment of 5 years or more (previously the minimum had been 3 years).

The CPT welcomes the impact of the above-mentioned measures andtrusts that thePortuguese authorities will continue in their efforts to eliminate overcrowding in all prisons.

21 See notably CPT/Inf (1996) 31 as well as the reports on the visits in 1996, 1999, 2002 and 2003.22 Adjacent to the prisons three disciplinary cells, the building also housed a separate police custody section with

four cells and a capacity for five persons.23 See CPT/Inf (96) 31, at paragraphs 125-127.24 Figures provided to the delegation by the Portuguese authorities on 14 January 2008. See also Portuguese

Penitentiary Administration statistics athttp://www.dgsp.mj.pt/ .25 On 1 November 2003, the Portuguese prison population stood at 14,035 persons for 12,109 places.26 Applied to around 480 persons at the time of the visit.


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42. At Funchal Regional Prison, the delegation learned that a minor had recently been held for months together with adults in a dormitory. This is a matter of considerable concern to the CPT. Taccommodate juveniles and unrelated adults together inevitably brings with it the possibility odomination and exploitation27. In principle, juveniles should not be held in institutions for adults,but instead in institutions specially designed for persons of this age. If, exceptionally, a juvenile i

held in an institution for adults, he/she must always be accommodated separately from adults, in distinct unit. In order to avoid such a juvenile being placed in a situation akin to isolation, onmight envisage him/her participating in out-of-cell activities with adults, on the strict condition ththere is appropriate supervision by staff. However, the risks inherent in juvenile offenders sharincellular accommodation with adult prisoners are such that this should never occur.

The CPT recommends that the Portuguese authorities ensure that detained minorsnever share cellular accommodation with adult prisoners.

2. Ill-treatment

43. The CPT is pleased to note that positive relations between prisoners and staff were observeat most of the establishments visited. Relations appeared to be particularly good at the JudiciaPolice Prison in Oporto, at Funchal Central Prison and at the Judicial Police detention facility iCoimbra. The CPT also wishes to put on record the evident improvement in staff-prisoner and inteprisoner relations at Oporto Central Prison, where the levels of violence have manifestly decreasesince the visit to that establishment in 2003.

44. Nevertheless, the CPTs delegation did receive a certain number of allegations of physicaill-treatment of prisoners by custodial staff at Monsanto High Security and Coimbra Centraprisons, and, to a lesser extent, at Oporto Central Prison. These allegations concerned puncheskicks and blows with batons, after the prisoners concerned had been brought under control, and icertain instances the persons apparently required medical treatment as a result.

For example, an inmate at Monsanto High Security Prison alleged that he had been assaultein his cell by four prison officers on 19 October 2007, after which he was transferred to solitarconfinement. In particular, he alleged that his head was repeatedly hit against a wall until he wasemi-conscious. Contemporaneous notes by the prisons doctor recorded bruises to the left eye witocular orbit blood spill, bruises (measuring 5x5cm and 10x2cm) on the right hip and haematoma othe right of the thorax and the left infra-scapular area. These observations are consistent with thprisoners allegations. The delegation was told that the prisoner had filed an official complaint.TheCPT would like to be informed of the outcome of the investigation.

In short, the findings would indicate that although ill-treatment by staff is not a pervasivephenomenon in the prison system, there is a need for constant vigilance in this regard.The CPTrecommends that the Portuguese authorities redouble their efforts to ensure that prison staff at Monsanto and Coimbra Central Prisons, as well as at all other Portuguese prisonestablishments, understand that ill-treatment is unacceptable and unprofessional, and willresult in severe disciplinary sanctions and/or criminal prosecution.

27 See also Article 10, paragraphs 2(b) and 3, of the International Covenant on Civil and Political Rights, andArticle 37 (c) of the Convention on the Rights of the Child.


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3. The management of drug-related problems in prison

47. One of the most thorny challenges facing the Portuguese Prison System is how to deal witthe widespread availability of illicit drugs and the very high proportion of drug dependence amonthe prison population. The CPT has considered this issue during several previous visits to Portugal29 and had noted some improvement during the visit in 200330.

Despite continued efforts to tackle the pervasive drugs phenomenon, it would appear thadrugs continue to infect most of the prison establishments visited in 2008. In view of the extent othe drugs problem, more effective steps need to be taken to implement a three-pronged strategy: tput an end to the supply of drugs, to reduce as far as possible the demand for drugs, and to providappropriate assistance to prisoners with drug-related problems. Moreover, prison managemenshould consider that its responsibility includes the prevention of prisoners getting involved in druuse and drug trafficking.

48. At Oporto Central Prison, despite a noticeable reduction in the presence of drugs in the pasfew years, it would appear (according to information provided by the prison doctor and inmatesthat 30% to 50% of prisoners nevertheless continue to consume heroin and/or cocaine. Thedelegation learned that, in December 2005, four persons enrolled in the prisons methadonprogramme died within the space of 24 hours, possibly because they had taken buprenorphine icombination with methadone, which proved to be lethal.

At Coimbra Central Prison, both prisoners and prison staff maintained that an interruption othe illegal drugs supply would cause a riot, and so no effective measures were being taken.

At Funchal Central Prison, the director declared to the delegation that, despite certain effort(e.g. attempts to introduce sniffer dogs and body searches of visitors and staff), he felt limited in hability to control the influx of drugs into the prison.

49. More generally, it would appear that many prisoners enter the prison system with a historof drug-related problems. However, it was also acknowledged in discussions with inmates and stain several prisons that a significant number of prisoners had become addicted to drugs only aftethey had entered the prison system. Such a situation is due to the ready availability of drugcombined with peer pressure and a lack of purposeful activities.

29 See, in particular, the 1999 visit report (CPT/Inf (2001) 12), at paragraphs 56 to 64.30 See CPT/Inf (2007) 13, at paragraphs 49 to 51.


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Moreover, the findings of the delegation would suggest that prison staff are, to some extentinvolved in the drugs supply chain, whether due to pressure exerted on staff or to the temptation tsupplement their income. For example, three custodial staff members at Funchal Central anRegional prisons had recently been convicted of introducing drugs into those establishments.

The CPT calls on the Portuguese authorities to take the necessary security measures tostop the supply and circulation of illicit drugs in prison. In this context, local managementneeds to have strong backing from the central level. Further, in order for such steps to beeffective, they must be coupled with measures to address and prevent staff corruption. At thesame time, care must be taken that these security measures do not unduly impinge on thedignity of inmates or the activities offered to them. Moreover, measures should be taken toprevent prisoners from becoming involved in drugs consumption and/or trade.

50. An effective strategy to combat the scourge of drugs cannot rely solely upon attempting toreduce the supply of drugs, but it must also address the demand for drugs. As already described ithe 1999 report to Portugal, specific options offered to prisoners with drug problems should includsubstitution31 and detoxification programmes. Further, such programmes should be accompanied bysocial and psychological support and educational training.

In this respect, the CPT found that in the prisons visited commendable efforts were beingmade. Nevertheless, the CPT considers that in order to address the drug problem more effectivelymore should be done. In particular, drug-free therapy units should be introduced at Coimbra32 andFunchal Central prisons, in accordance with the national plan for all central prisons. In addition, ithe prisons visited, there was a lack of socio-educational support accompanying the reasonablwell-developed medico-psychological aspects of treatment.

51. The CPT recommends that the Portuguese authorities enhance the range and reach of therapeutic programmes on offer to address the demand for drugs and to assist prisonerswith drug-related problems, in the light of the foregoing remarks. In particular, a drug-freetherapy unit should be established as a matter of urgency at Coimbra Central Prison and atFunchal Central Prison.

Further,the Committee requests updated information on the authorities national plansas regards drug-free therapy units.

52. The delegation was also informed about a pilot project concerning the introduction of needlexchange programmes in two prisons.The CPT would like to receive updated information on

these pilot projects.

31 In terms of national substitution programmes provided to persons with drug-related problems, the CPT wainformed that on 31 December 2007 approximately 6.4% of the prison population were benefiting from asubstitution programme (methadone or buprenorphine).

32 Despite the efforts of the medical service since 2003, there was still no drug-free therapy unit at CoimbraCentral Prison.


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4. Material conditions

53. The unrenovated sections of Coimbra Central Prison, particularly at basement level, were ian unacceptable condition, with very poor lighting, bare concrete floors and no in-cell sanitar

facilities (see also paragraph 46). The supposedly temporary facilities at Coimbra Regional Prisowere also in an unacceptably dilapidated condition, even though some improvements had beemade since the previous visit: the exercise yard included a sheltered area and payphones hadrecently been installed. However, on the whole, the fabric of the buildings, the plumbing and thventilation installations had greatly deteriorated.

The delegation was informed about long-standing plans to construct a new prison to replacthe Central and Regional Prisons in Coimbra. However, these plans had not moved forward fomany years.

At the end of the visit, the CPTs delegation informed the Portuguese authorities of theunacceptable conditions observed at Coimbra Regional Prison and in certain parts of CoimbrCentral Prison. The Portuguese authorities took swift action in response and formally closed thbasement level of Coimbra Central Prison on 19 March, with inmates no longer held there after 1March 2008; the CPT was also informed by the authorities that they would close Coimbra RegionPrison in the second semester of 2008, upon completion of renovations to a wing at CoimbrCentral Prison, which would accommodate some of the inmates, with the remainder beingtransferred to other prisons.

The CPT welcomes the prompt action taken in response to the concerns expressed by itsdelegation.The Committee would like to receive up-to-date information concerning theclosure of Coimbra Regional Prison and the relocation of inmates to other prisons. The CPTalso trusts that renovation of the whole of Coimbra Central Prison will be treated as a matterof priority.

54. Cells at the Judicial police detention facility in Coimbraoffered inadequate access to naturallight (due to the location of the cells in the basement) and the artificial lighting was poor; severapersons met had been detained in these conditions for a number of weeks or even monthsAdmittedly, prisoners did have access, several hours per day, to a small exercise yard. Neverthelesin the CPTs view, cells should always be equipped with adequate artificial lighting and cellwithout any access to natural light are only suitable for holding persons for short periods.TheCommittee recommends that the necessary steps be taken in the light of these observations.

55. Material living conditions were generally of a very good standard at the newerestablishments of Monsanto High Security and Oporto Judicial Police prisons. The individual celwere well-furnished and offered sufficient space, ventilation, access to natural light and artificialighting.

Nevertheless, at Monsanto High Security Prison, the delegation received many consistenallegations of problems with the in-cell plumbing, causing showers and toilets to overflow. Furthenone of the outdoor exercise yards provided equipment or shelter from the elements and some othem were very small.The CPT recommends that the necessary steps be taken to remedy thesedefects.


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As regards Oporto Judicial Police Prison,steps should be taken to improve both facilitiesfor prisoners to wash their clothes and conditions in the outdoor exercise yards . Further, theCPT is particularly concerned by the design of the cell windows at this establishment: the windowpanes were opaque, thereby generating a potentially oppressive effect.The Committeerecommends that the design of the cell windows be reviewed so as to allow inmates to seeoutside their cells.

56. Reasonably good material conditions were, in general, offered at Funchal Central andRegional prisons, and in the renovated sections of Coimbra Central Prison. However, certainshortcomings were observed. At Funchal Central Prison and in the renovated sections of CoimbrCentral Prisonthe call-bells did not work , and at Funchal Regional Prison,inmates complainedabout the showers either not working at all (due to problems with the water pressure system),or dispensing scaldingly hot water .

57. Material conditions were not satisfactory in certain sections of Oporto Central Prison. IPavilion B, for example, the sanitary facilities were very dilapidated and dirty, with no showerheadprovided. Cells were often overcrowded and did not include call-bells or lockable spaces. Furthethe recently established observation unit (for stays of up to 3 months) lacked a living area separafrom the dormitory where prisoners slept.

The CPT recommends that material conditions of cells and sanitary facilities besignificantly improved in the older, unrenovated sections of Oporto Central Prison. Bearing inmind that persons placed in the prisons observation unit had no out-of-unit activities except fooutdoor exercise,consideration should also be given to providing inmates in that unit with aseparate living area.

58. In all the prisons visited, including recently constructed or refurbished establishments, thdelegation noted that there was a lack of heating in the accommodation areas. This made for coland damp conditions during winter months. The effects were most pronounced in places such aMonsanto or the Prison Hospital, where prisoners were often confined to their cell or dormitory fo23 hours per day. Further, in most establishments prisoners were not allowed to supplement theiclothing with gloves or hats; in particular, at Monsanto, inmates were obliged to wear only the thiclothing issued to them (which did not include pyjamas). Disciplinary sanctions were alsofrequently imposed at various prisons for the illegal possession of heating elements.

The CPT recommends that the Portuguese authorities take appropriate measures to

protect prisoners from cold and damp conditions during the winter. House rules should beadapted in order to allow prisoners to wear warm clothing.


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5. Regime

59. The CPT recalls33 that prison authorities should aim to ensure that all prisoners (includingthose on remand) spend a reasonable part of the day outside their cells engaged in purposefu

activities of a varied nature: work, preferably with vocational value; education; sportrecreation/association.

A system of classification and allocation of prisoners is a pre-requisite for the organisationof any meaningful regime. The delegation noted that some degree of regime differentiation was iplace at Oporto Central Prison, but this was not the case in most of the other prisons visited. Thlimited differentiation, combined with sentenced and remand prisoners being mixed togethethroughout the Portuguese prison system, poses clear difficulties for any attempt to draw upindividual custody plans for prisoners.

60. At Oporto Central Prison, a good range of activities (work, professional training, educationsports, music, theatre) continued to be on offer and the number of prisoners working inside thprison on maintenance (including gardening) and cleaning had doubled (to 100) since the visit i2003. Further, certain efforts since 2004 to improve prison order and security had succeeded igiving more structure to the daily regime. A good range of activities (education, work, recreatioetc) was also on offer at Funchal Central Prison, which managed to occupy nearly 50% of the prisopopulation in various types of work and around 30% in educational courses.

Woodwork, tapestry and mechanics workshops were functioning at Coimbra Central Prisonthough work commissioned from outside companies was insufficient, according to the prisomanagement. Approximately 40% of the inmates did not participate in activities other than those oa recreational nature. Many prisoners complained to the delegation that although they wished toccupy themselves, they were given no work or training opportunities.

61. At Monsanto High Security Prisonthere was also a dearth of activities. During the fortnightprior to the delegations visit, a very limited individual programme of activities had beenestablished and distributed to each prisoner. This consisted of daily outdoor exercise of either 60 o90 minutes and, in addition, on week days, one of the following activities for either 45 or 90minutes: access to the gym, reading group and yoga, the latter provided by a volunteer.

62. Inmates at Funchal Regional Prison did not benefit from a sufficiently varied regime. Due tlimited outdoor facilities, inmates could reportedly partake in more sports at the Central Prison

Seven prisoners worked as cleaners in the prison and eight as road-workers with the locamunicipality. Educational opportunities were also limited to reading and writing and involved abo12 inmates (primary education only).

Many prisoners at Coimbra Regional Prison complained of a lack of activities. Most of the147 inmates at the prison were idle, with some work (prison cleaning and maintenance) available 9 inmates, and educational courses followed by 39. No vocational training was on offer.

33 See the CPT Report on the visit in 1995 (CPT/Inf (96) 31), at paragraph 103.


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There were virtually no purposeful activities on offer at Oporto Judicial Police PrisonPrisoners some of whom had spent over a year in the establishment had very little to do, excepwatch television, play board games, make use of a small library or work out on a rowing machine.

63. The CPT recommends that the Portuguese authorities employ greater efforts to offeran appropriate range of constructive activities, including work of a vocational nature, to allprisoners in the establishments visited, in the light of the foregoing remarks.

64. The delegation also noted that prisoners serving long sentences - as was the case for mosinmates at Coimbra Central Prison and Monsanto High Security Prison - were not offered enhanceregime activities as part of an individualised custody plan catering to their special needs.

The CPT would recall that long-term imprisonment can have a number of desocialisingeffects upon inmates. In addition to becoming institutionalised, long-term prisoners may experienca range of psychological problems (including loss of self-esteem and impairment of social skillsand have a tendency to become increasingly detached from society, to which almost all of them wieventually return. In the view of the CPT, the regimes which are offered to prisoners serving lonsentences should seek to compensate for these effects in a positive and proactive way.

The prisoners concerned should have access to a wide range of purposeful activities of avaried nature (work, preferably with vocational value; education; sport; recreation/associationMoreover, they should be able to exercise a degree of choice over the manner in which their time isspent, thus fostering a sense of autonomy and personal responsibility. Additional steps should btaken to lend meaning to their period of imprisonment; in particular, the provision of individualisedcustody plans and appropriate psycho-social support are important elements in assisting suchprisoners to come to terms with their period of incarceration and, when the time comes, to preparfor release.

The CPT recommends that the necessary steps be taken to develop custody plans andsupport offered to long-term prisoners, in accordance with the precepts outlined above.

65. Many foreign inmates in the prisons visited complained of their exclusion from regimactivities due to language barriers and of the lack of opportunities to learn Portuguese. Such coursewere, on the contrary, available at Oporto and Funchal Central Prisons.The CPT recommendsthat the Portuguese authorities make efforts to prevent the exclusion of foreigners fromprison regime activities due to language barriers.


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6. Health-care services

66. The CPTs delegation was informed by the Portuguese authorities that it was their intentioto transfer the responsibility for health care in prisons from the Ministry of Justice to the Ministry o

Health by 2010. This is a welcome development, having regard to the general principle thaprisoners are entitled to the same level of medical care as persons living in the community at larg(equivalence of care).

The CPT would like to receive confirmation concerning the timing of the transfer of responsibility, as well as detailed information on the manner in which the provision of healthcare in prisons will be organised once the transfer has occurred.

67. In general, inmates had goodaccess to health-care services in the establishments visited.However, a few inmates at Oporto Central Prison alleged that prison staff demanded to know thinmates health complaint before allowing them to go to the infirmary. Such screening isinappropriate, including in terms of medical confidentiality.

The CPT recommends that the necessary measures be taken to ensure that prison staff at Oporto Prison or at any other prison establishment - do not screen requests for access tohealth-care services.

a. somatic care

68. The CPT is pleased to note that good health-care staffing levels were ensured at OportoCentral Prison (4 doctors and 15 nurses, full-time), where a well-equipped, new health-care facilitwas about to begin functioning.

As regards Coimbra Central Prison, sufficient medical doctors (2 full-time) were availableHowever, the nursing complement (with an equivalent of less than 4 full-time nurses employed, fopotentially more than 400 inmates) was clearly inadequate. As a result, a nursing presence sevedays a week was not ensured (let alone a 24-hour presence), and medication was regularlydistributed by custodial staff (on Sundays custodial staff even distributed methadone andantiretroviral medication). In the CPTs view, the nursing complement would need to be doubled, iorder to attain an acceptable level.


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As for Coimbra Regional Prison, the delegation was informed that there was a full-timedoctor, which would be sufficient given the capacity of the establishment34. However, thedelegation learned that the doctor concerned usually visited the establishment only twice a weekfor several hours each day. This is not sufficient to provide adequate medical cover for potentiall250 prisoners. The official nursing complement (an equivalent of less than 2 full-time nurses) wa

also inadequate. As a result of this health-care staff shortage, the first medical screening took placup to three weeks after the prisoners admission to the establishment; many prisoners complained ohaving to wait four weeks before being able to see a doctor, and medication was distributed bycustodial staff.

One general practitioner and four nurses worked full-time in the common health-care servicfor both Funchal Central and Regional prisons. This is insufficient, in the CPTs view, given thehealth-care needs in these prisons. Further, no dentist visited either establishment.

Oporto Judicial Police detention facility benefited from the presence of a nurse seven days week and a doctor was on call. This arrangement could be considered sufficient, given the capacitprovided the doctor attends promptly when needed.

As regards Monsanto High Security Prison, a doctor visited the establishment twice a weekand five nurses were employed full-time. Although sufficient in view of the number of inmates athe time of the visit, the medical staffing levels will clearly have to be increased as the inmatpopulation increases. Whereas the number of nurses would be adequate, even if the prison operateat full capacity, a doctor would be required on at least a half-time basis.

69. The CPT recommends that health-care staffing levels be strengthened in the light of the foregoing remarks. In particular:

- Coimbra Central Prison should benefit from the services of at least seven full-timenurses;

- Coimbra Regional Prison should benefit from the services of at least three full-timenurses, as well as the effective, regular presence of a doctor, in accordance with thedoctors contractual obligations;

- Funchal Central Prison alone should benefit from the services of at least one full-timegeneral practitioner and 6 full-time nurses;

- Funchal Regional Prison should benefit from the regular services of a part-timegeneral practitioner and at least one full-time nurse;

- the regular services of a dentist should be secured, for both Funchal Central andFunchal Regional prisons.

34 Including the provision of adequate care at the Coimbra Judicial Police detention facility, for which the samehealth-care service was also responsible.


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b. psychiatric and psychological care provided in the prisons visited

70. The CPT would recall that, in comparison with the general population, there is a highincidence of psychiatric symptoms among prisoners. Consequently, a doctor qualified in psychiatr

should be attached to the health-care service of each prison, and some of the nurses employed theshould have had training in this field. The provision of medical and nursing staff, as well as the layoof prisons, should be such as to enable regular pharmacological, psychotherapeutic and occupationtherapy programmes to be carried out.

71. The delegation observed adequate provision of psychiatrists and psychologists at OportCentral Prison (1 full-time psychiatrist; and 4 psychologists), and at Monsanto High Security Priso(1 psychiatrist visited twice a week and 1 psychologist daily). Due to the absence of the doctoduring the visit to the Oporto Judicial Police detention facility, the delegation was not able to obtaprecise information on the provision of psychiatric and psychological care at this establishment.

72. Psychiatric care should be improved at Funchal Central and Regional Prisons; the covecurrently provided by a consultant psychiatrist is not sufficient. Further, the delegation observethat little or no communication occurred between the external drug-dependency staff and thmedical services. Finally, prisoners at the two establishments did not benefit from sufficienpsychological support.These deficiencies need to be remedied.

73. Two full-time psychiatrists divided their time between inmates at Coimbra Central andCoimbra Regional prisons, in what appeared to be adequate provision. However, due to long-termsick-leave, only one out of the two full-time psychologists was effectively working at CoimbrCentral Prison, such that the level of psychological support provided was clearly insufficient.TheCPT recommends that this situation be remedied without further delay.

c. medical screening on admission and recording of injuries sustained in prison

74. It is impossible to overemphasise the importance of medical screening of newly arriveprisoners, particularly in establishments which constitute points of entry to the prison system. Sucscreening is essential, particularly to prevent the spread of transmissible diseases and suicides, anfor recording injuries in good time.

The CPT wishes to stress that every newly-admitted prisoner should be properly intervieweand physically examined by a medical doctor as soon as possible after his admission; save foexceptional circumstances, the interview/examination should be carried out on the day oadmission, especially insofar as remand establishments are concerned. Such medical screening oadmission could also be performed by a fully qualified nurse reporting to a doctor.


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In addition, any signs of injuries observed on admission should be duly recorded, togetherwith any relevant statements from the prisoner and the doctor's conclusions. The same approacshould be followed whenever a prisoner is medically examined after a violent episode in prisonFurthermore, if a prisoner so requests, the doctor should supply him with a certificate describing hinjuries.

75. The CPT is pleased to note that prompt and comprehensive screening was carried out aMonsanto High Security Prison. Records at a number of other establishments, however, showethat medical screening occurred several days or even weeks (notably up to 3 weeks at CoimbrRegional Prison) after a prisoners arrival.

The CPT calls upon the Portuguese authorities to ensure that medical screening at allprison establishments is carried out within 24 hours of an inmates arrival in prison.

76. The delegation noted that injuries were not consistently recorded in certain prisons. Foexample, at Oporto Judicial Police Prison, an examination of the medical and administrative files prisoners showed numerous instances of lesions and allegations of ill-treatment being noted bcustodial staff on the prisoners arrival; however, such lesions were then either not examined by thprison doctor, due to his frequent absences, or they were qualified by him as non-traumatic antherefore unworthy of further scrutiny. Further, at Monsanto High Security Prison, records wersomewhat sketchy as regards incidents occurring within the prison: no record was made of thprisoners statements or of their consistency with any injuries observed.

The CPT recommends 35 that, in addition to the doctor's objective medical findings, therecord drawn up following a medical examination of a newly admitted prisoner (or followinga violent episode in prison) also include:

- statements made by the prisoner which are relevant to the medical examination(including any allegations of ill-treatment);

- the doctors conclusions, in particular as regards the degree of consistency betweenany allegation of ill-treatment and the objective medical findings.

Further,the CPT recommends that existing procedures be reviewed in order to ensurethat, whenever injuries are recorded by a doctor which are consistent with allegations of ill-treatment made by a prisoner, the record is systematically brought to the attention of therelevant authorities. That record should also be made available to the prisoner and theprisoners lawyer.

77. No register on violent incidents was in use in the medical services at Funchal Central Prisoor Coimbra Central or Regional prisons. In the CPTs view, maintaining such a register wouldenable the authorities to monitor most of the incidents of violence within the establishment, and ttake necessary action to prevent future incidents.The CPT recommends that such a register beintroduced at every prison establishment.

35 See also the CPT report on the visit in 1999 (CPT/Inf (2001) 12), at paragraph 98.


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d. confidentiality and filing of medical data

78. In general, medical confidentiality was being respected and medical records were generallof a good standard in the establishments visited. The delegation was pleased to note that, at Opor

Central Prison, nurses directly supervised the intake of medication by prisoners. However, aCoimbra Central Prison, custodial staff regularly distributed all types of medication (see alsoparagraph 68, subparagraph 2). The CPT recalls36 that such a practice is not compatible withmedical confidentiality requirements.

The CPT recommends that, in principle, medication be distributed by health-care staff and that, in particular, prescription (including psychotropic) drugs never be distributed bycustodial staff.

79. At Coimbra Central Prison, individual patients files were not stored in one comprehensivmedical file, but were split: thus each prisoner could have one file kept in the general practitioneroffice, another with the psychiatrist and a third file kept with the addiction specialist (psychologistThe situation was not helped by the fact that these three services were located in different parts othe prison. Therefore, neither consistency of care nor communication between the different servicewas ensured.The CPT recommends that the above-mentioned deficiencies be remedied by thecreation of a single medical file for each prisoner, which is stored in one location.

e. psychiatric unit of the Sao Joo de Deus Prison Hospital

80. The psychiatric unit at Sao Joo de Deus Prison Hospital, with a capacity for 27 patientswas treating three categories of patients: persons with acute psychiatric disorders who weresentenced or remand prisoners; persons who were placed preventively under observation; or personwho were sentenced to involuntary treatment (one at the time of the visit). Patients no longer in aacute phase of psychiatric disorder, but who were not ready to return to prison were, in principleplaced in one of 10 beds reserved for psychiatric patients in the hospitals occupational therapdepartment, situated one floor below the psychiatric unit. At the time of the visit, some 30 personwere receiving psychiatric treatment at the prison hospital as a whole.

81. As to living conditions in the unit, the 4 rooms for women were well-furnished and each haa sanitary annexe. However, the door of one womens room had been removed as a suicideprevention measure, with the result that privacy was not afforded to patients in that room. As for th

male patients, they were accommodated in two dormitory-style rooms for nine persons each. Thdormitories were sparsely furnished (e.g. lacked cupboard space) and impersonal. The delegatioalso received complaints from patients concerning insufficient access to hot showers, as the wateboiler was too small for the number of persons in the unit.These deficiencies should be remedied.

36 See also report on the visit in 2003 (CPT/Inf (2007) 13), at paragraphs 80 and 88, as well as the Portugueseresponse (CPT/Inf (2007) 14).


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82. Turning to treatment at the psychiatric unit, it consisted essentially of pharmacotherapy. Thdelegation was informed that other forms of therapeutic activities had previously been organised bhad ceased more than two months prior to the visit. Both patients and staff lamented the insufficieindividual psychotherapy, group therapy and occupational therapy provided in the psychiatric uniMany patients complained that they had virtually nothing to do. Patients could use a small librar

when the guards agreed to accompany them. Otherwise they were not provided with readinmaterial such as newspapers and magazines, unless they had the means to purchase themOccasional activities such as film-screenings and small group activities in an occupational therapworkshop were organised, but they had been discontinued several weeks prior to the visit. Thuspatients were locked in their rooms and the adjacent communal area for 22 1/2 hours per day, apafrom their daily outdoor exercise (which they were in fact obliged to take). Further, although it itrue that most persons stayed in the unit for a matter of months, two patients had spent over onyear in the unit.

The CPT recommends that the necessary steps be taken to develop the range of rehabilitative and therapeutic activities provided to patients at the psychiatric unit of thePrison Hospital. In particular, the occupational therapy workshop should be reinstatedwithout further delay. This will require appropriate staff reinforcement.

83. As regards staffing levels, they appeared to be adequate in numbers: 4 full-timepsychiatrists, 15 nurses, 5 orderlies and 2 psychologists. However, in terms of the care actuallprovided, the effective presence of psychiatrists was insufficient37, and the psychologists wereburdened with administrative and other tasks preventing them from providing adequatepsychotherapeutic care to patients38. Further, the complement of occupational therapists one, full-time was clearly insufficient (see also paragraph 82).

The CPT recommends that the Portuguese authorities ensure:- a significant increase in the effective presence of psychiatrists in the unit;- that psychologists are placed in a position to concentrate on providing care to

patients; and- the allocation of the services of at least two full-time occupational therapists.

84. Staff members informed the delegation that they regularly concealed medication in certaipatients food, as this was the only way to ensure that these patients would take their medication. Ithe CPTs view, involuntary placement in a psychiatric establishment should not dispense with thneed to obtain the patients consent to treatment.

The CPT recommends that the above-mentioned prac

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